tag:www.jlewislaw.com,2013-03-21:/blog/845482019-09-11T20:38:21ZMovable Type Enterprisetag:www.jlewislaw.com,2019:/blog//84548.38286932019-09-11T20:39:21Z2019-09-11T20:38:21Z
Put another way: While truckers in big commercial rigs hardly stress unduly over their potential for personal injuries in accidents involving other users of the road, pedestrians most assuredly do.

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Roadway reality puts a clear onus on walkers to look out for their safety every second they are in the vicinity of traffic. Even when pedestrians take all due care, though, there is only so much they can do.

We underscore that truth on our website at the established personal injury law firm of J. Lewis & Associates in Riverside. We stress therein that Southern California residents out walking or jogging “run the risk of being struck by a motor vehicle every time [they] cross a street.”

Accident victims need to know that they are far from powerless in the wake of third-party negligence that causes them harm. Proven pro-victims’ attorneys can diligently promote their legal rights via the filing of a personal injury claim.

For many injured persons, taking legal action is both empowering and a financial necessity. A legal claim seeking a meaningful recovery spotlights accountability. Moreover, it can help secure payment that defrays medical expenses, recoups lost wages and provides additionally relevant compensation for victims and their families.

An empathetic, aggressive and knowledgeable legal team can materially advance all those important goals.

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tag:www.jlewislaw.com,2019:/blog//84548.38261742019-09-09T19:21:34Z2019-09-09T19:20:34Z
We live in a society saturated with new and improved technology. It’s easy for constant beeps, vibrations and notifications to distract someone. Every time you drive on California roadways, there’s a likelihood you’ll see someone texting and driving. This is an illegal action, and when others drive distracted, they endanger you and other motor vehicle drivers.

Younger teenagers and adults are oftentimes the culprits for texting while driving. According to the California Statewide Observational Survey of Cell Phone & Texting Use by Drivers, people between the ages of 16 and 24 are most likely to text and drive. You may frequently ask yourself if there’s anything you can do when you see a person texting and driving.

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Would calling 9-1-1 help?

The California Highway Patrol (CHP) encourages you to call 9-1-1 if you suspect a drunk driver on the road. Are the same actions encouraged in instances of texting and driving? While you may report a driver you believe is texting and driving, it could be difficult for law enforcement to punish those suspected. To give someone an infraction for texting while driving, highway patrol or police must catch an individual in the act.

This differs from reporting a drunk driver who’s still under the influence when approached by law enforcement. Although both are illegal, driving under the influence poses more serious consequences than texting and driving. The current penalty in California for texting while driving is a $100-$150 fine. With each additional offense, the fine increases.

There’s no doubt both distracted driving and driving under the influence are dangerous to you and everyone else on California roadways. Car crashes will always exist and can lead to tragedies and catastrophic injuries. You aren’t responsible for another person’s actions, but you can hold them accountable if their poor decisions result in a car accident that injures you.

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tag:www.jlewislaw.com,2019:/blog//84548.38234712019-09-04T21:21:33Z2019-09-04T21:20:33Z
The numbers speak for themselves, and they aren’t pretty. Over 35,000 people are killed every year due to car accidents. In 2017, the number of deaths totaled 37,133 people. Three states: California, Texas and Florida alone accounted for over 10,000 of those deaths.

If that’s not sobering enough, between 1975 to 2015, twice as many males were killed in motor vehicle accidents than women. 71% of the deaths were men in 2015.

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If that’s not sobering enough, between 1975 to 2015, twice as many males were killed in motor vehicle accidents than women. 71% of the deaths were men in 2015.

What can be done to curb these severe statistics? The first step is to understand the leading causes of these accidents and do your best to avoid them.

Speeding

Between 2006 to 2015, speeding, the most common cause of car accidents, accounted for over 108,500 accidents, which accounted for nearly 30% of all accidents in that time span.

Drunk Driving

The following stats were released by the Center for Disease Control and Prevention:

Drunk driving claims 28 lives every day in the United States, which equals one death every 53 minutes

Drunk driving has led to nearly 113,000 deaths in the past decade

Distracted Driving

Any action that diverts your attention away from the road is considered distracted driving. The list includes: cell phone activities (which, between 2010-2014, was present in 38% more accidents,) eating, talking to passengers, adjusting radio/adjusting the heat and ac/etc.

From 2010 to 2014, distracted drivers caused 4.5 million accidents.

Adverse weather conditions

Adverse weather can include rain, snow, sleet and fog among others. Between 2005 to 2014, bad weather accounted for nearly 1,259,000 accidents in which 445,003 people were injured and 5,897 were killed.

Red lights

Does this one seem surprising? Well, these accidents had to do with someone running a red light or trying to beat that yellow light. Between 2010 to 2014, over 700 people were killed due to that aggressive action. Next time, you may want to rethink if you can make it.

That is how we term a wrongful death or catastrophic injury owing to third-party negligence. Families’ lives are turned upside down when another individual’s careless or indifferent conduct yields tragic results.

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Such sad outcomes occur with numbing regularity across the hyper-busy environment that marks Southern California. The cars of distracted drivers become lethal weapons for nearby motorists. Commercial truckers who are fatigued or in a rush to meet deadlines become roadway agents of destruction. Medical malpractice yields fatalities and life-altering personal injuries. So do premises liability-linked negligence (please see our August 14 blog post) and a host of other behaviors.

Established personal injury attorneys proudly play the role of diligent and compassionate legal advocate for victims and surviving loved ones whose lives have been upended by another party’s failure to exercise due care. The deep legal team at J. Lewis & Associates in Riverside collectively brings decades of experience to bear on behalf of individuals and families with compelling personal injury needs.

Filing a lawsuit following a catastrophic injury or wrongful death is empowering and broadly beneficial for many individuals and families. A maximum money recovery spotlights accountability and deters similar conduct in the future. Importantly, too, it provides compensation that is often sorely needed to pay for medical costs, lost wages, future therapy and long-term needs.

We welcome contacts to our law firm from parties seeking injury-linked representation that is aggressive and empathetic, as well as focused always on obtaining a meaningful legal recovery.

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tag:www.jlewislaw.com,2019:/blog//84548.38109932019-08-14T15:55:35Z2019-08-14T15:54:35Z
Many Southern California residents have likely heard the term “premises liability” without fully understanding what it means and why it is legally important.

Indeed, it does sound a bit murky, doesn’t it?

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At its core, premises liability is actually a quite straightforward and easily grasped legal concept.

We can quickly sketch its thrust and parameters by putting forth a simple and “this often happens in real life” scenario.

To wit: An individual is walking down a neighborhood street in Riverside or elsewhere when a dangerous dog that is both unfenced and unleashed suddenly runs out to the sidewalk and launches a vicious attack.

Did that dog’s owner have a duty to reasonably safeguard the public against such a dangerous animal?

Of course, the answer to that question is a resounding “yes.” Relevant laws insist upon that. Moreover, they provide further that individuals who are injured owing to the negligent acts or omissions of third parties can pursue meaningful legal remedies marked by maximum money recoveries.

Inadequate security that can lead to criminal activity and resulting injuries

Lapsed maintenance in living dwellings and public areas

Amusement park accidents

Southern California residents and their loved ones have a reasonable expectation of safety when they venture from their homes. The negligence of others can compromise that. When such an outcome occurs, a proven premises liability legal team can provide timely and knowledgeable representation aimed at securing maximum money damages.

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tag:www.jlewislaw.com,2019:/blog//84548.38029662019-08-01T23:52:35Z2019-08-01T23:51:35Z
Motorists in Southern California know that streets and interstates across the state and nationally can turn deadly in an instant.

When they do, it is virtually always the case that driver negligence is what literally drove a dire outcome. In fact, a recent national media piece notes a National Highway Traffic Safety Administration estimate that “94 percent of car crashes are caused by human error.”

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Researchers from the fellow federal agency National Transportation Safety Board put their stamp on state-of-the-roads analysis in an even more revealing and evocative way by conveying this piece of information: More Americans have been fatal accident victims on national roadways since the turn of this century than died during World Wars I and II collectively.

It's heart-rending to even provide a number relevant to that. The NTSB posits 624,000-plus deaths since 2000. At least 30 million nonfatal injury victims can be added to that tally.

Regulators point to the usual list of culprits when they identify crash catalysts. Those centrally include speeding, drunk drivers and motorists who are rendered inattentive by non-driving distractions.

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tag:www.jlewislaw.com,2019:/blog//84548.37997962019-07-30T22:00:00Z2019-07-29T18:40:33Z
Getting into a car accident can be a shocking experience. One moment you’re driving along, minding your own business and the next you are on the side of the road assessing the damage. It is certainly not an ideal situation, but it is one that many people face at some point in their lifetime.

Every year roughly six million car accidents occur. Thankfully, only about half of these crashes result in injury or death. Still, the moments after an accident can shake you up a little bit. It’s important to be aware of how to properly handle this type of issue and get everything in order.

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Check on everyone

Once you regain your composure following an accident it is important check on everyone involved. You will want to make sure that everyone in your vehicle is safe and healthy. Next, check to see that everyone in the other car is safe as well. If there are any injuries, make sure that anyone requiring medical attention receives the care that they need.

Call the authorities

Now that you have made sure that everyone is safe, you should give the police a call. This is not always completely necessary, but it can be helpful for documenting the accident. The officers will come and examine the scene, which is important for you to file an insurance claim. Having the police present gives you a firm assessment of what happened and allows you to properly move forward with the process.

Exchange information

Getting into an accident can make for a bit of an awkward situation. That said, it is still important for you to exchange information with the other person involved. Make sure to get their name, phone number, insurance information and anything else you may need at a future point in time. Fortunately, the police will also have everything on file from your incident, but it’s nice to have your own record if you have difficulty receiving the information from the authorities.

Document the accident

It is always good to document the accident yourself. Any information that you can personally take down about the incident could be important in the future. Take notes on where the accident occurred, what happened, visible damages and anything you feel might be necessary to explain what unfolded. If possible, you may want to take pictures of damage and speak with anyone who saw the incident.

Keeping an organized file of everything will help you when filing your claim with your insurance company.

Notify your insurance company

After cooperating with the police and documenting everything about your crash, it is now time to contact your insurance company. Ideally, you want to do this as quickly as possible. The quicker you do this, the faster you will have everything resolved. If you have an organized, well-documented record of the incident, this part of the process should move smoothly.

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It is far from puzzling why the construction realm poses outsized risks to the safety of workers and legions of other individuals, such as motorists and pedestrians. Construction sites are frenetic and complex venues. Workers toil at great heights and in trenches. Contractors face tight time-linked challenges. The weather can become an instant nemesis. Huge vehicles and complex machinery are project mainstays.

In fact, the construction industry perennially ranks high on the list of ultra-dangerous profession. That is a reality that makes it immediately understandable why industry workers think constantly about their safety and outcomes that might feature if they become accident victims.

We note on our website that workers’ compensation benefits are available to construction employees injured at the workplace. Many of those individuals can also potentially seek a remedy and valuable compensation via another source as well, which can be critically important to note.

Namely, that is a personal injury lawsuit filed against parties other than an employer covered through workers’ comp. So-called “third party” liability can broadly extend to multiple actors sharing responsibility for negligent conduct that played a direct role in causing a worker’s injury.

A proven personal injury legal team can help ensure that all culpable parties in a construction injury case are identified and held accountable. Knowledgeable and aggressive advocacy can help deter similar conduct in the future and, importantly, help a valued client maximize compensation for work-linked injuries.

We welcome contacts to our firm from individuals having questions or concerns regarding any aspect of an on-the-job construction accident or injury.

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tag:www.jlewislaw.com,2019:/blog//84548.37932282019-07-19T18:06:27Z2019-07-19T18:05:27Z
It is sad, though hardly surprising, that sexual abuse victims in California and nationally often fear coming forward to demand accountability and justice in the wake of crimes committed against them. Victims are often young and vulnerable when perpetrators act. Sexual criminals rely upon that fact and the likelihood that it will breed continued silence rather than a public accusation.

There is frequently a stark imbalance in the forced interaction between sexual abuse victims and offenders. We prominently note that on our website at the established victims’ advocacy law firm of J. Lewis & Associates in Riverside. We stress therein that abuse is often inflicted by “individuals in a position of power.”

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That is certainly no secret to the general public. Stories spotlighting misconduct by clerics, teachers, coaches, medical professionals and mentors are distressingly familiar these days. They underscore a problem of epic concern.

Ironically, there is an upside to that, namely this: The outcomes in many sex abuse cases have great educative value, especially for the empowering message they send to victims.

We duly stress that at our firm. We note on our website that stepping forward with supportive help to spotlight abuse and demand accountability from an abuser in court can help a victim “to move forward from such a traumatizing experience.”

Proven and compassionate victims’ rights attorneys proudly play a role in promoting that just outcome.

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tag:www.jlewislaw.com,2019:/blog//84548.37857922019-07-08T19:11:34Z2019-07-08T19:10:34Z
People have a specific perception of domestic abuse. They assume it’s a weak wife or girlfriend who is the victim of physical violence from their partner. They picture bruises across her face and a timid personality.

However, it’s only one image of domestic abuse. Victims may be strong, independent men or women; they could hide the physical signs or shield people away from the true nature of their relationship.

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Abuse doesn’t always mean violence

In most abuse situations, the significant other does not rely on their fists to keep their partner “in check.” They use other forms of manipulation to hold a significant other in a toxic relationship. For example, a partner may verbally degrade their partner in front of others to induce shame or anxiety.

According to the National Domestic Violence Hotline, abuse only relies on one partner maintain power and control over another partner in a relationship. Some forms of abuse without physical violence includes:

Economic – Partners may limit their spouse’s ability to keep a job, control their finances or taking their earned income.

Intimidation – An abusive spouse may use threats or blackmail to keep a partner in a bad marriage or relationship.

Emotional – An abuser may put down, call their spouse names or humiliate their partner as a form of emotional abuse. They may also use the children to pull on their partner’s emotion. For example; they threatened to take the children if the spouse tries to leave them.

Isolation – Another form of domestic abuse is isolating your partner from other people, such as friends or family. An abuser may use separation to create a reliance on them or limit their reach to the outside world.

Minimization – Along with manipulation, a partner often minimizes the abuse and makes light of the harm to their significant other. It ends in reducing the effects of the abuse and makes the victim feel at blame for the behavior.

When it comes to any form of abuse, it boils down to power and control over another person. In domestic violence, it means one spouse wants ultimate control over their partner and will use any method to maintain that power dynamic.

It’s also very likely domestic abuse remains hidden due to shame or anxiety on the victim’s behalf. The victim may also feel fear due to the threat of more emotional abuse or an escalation to physical or sexual abuse. If you are the victim of domestic violence, consider filing a police report or at least seeking support from friends and family. They will help you exit the relationship that keeps you and your family safe.

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tag:www.jlewislaw.com,2019:/blog//84548.37856602019-07-08T13:44:10Z2019-07-08T13:43:10Z
For most smaller vehicles, changing highway speed limits doesn’t seem like it would make a big difference in either safety or convenience. But for large trucks like those that traverse California and interstate highways, a change in speed could mean the difference between safe travel and a deadly truck accident.

According to the Insurance Institute for Highway Safety, semi-trucks often weigh 20-30 times more than regular passenger vehicles. As such, they require much more time and distance to come to a stop in an emergency. The faster they travel, the longer that stopping distance becomes. Therefore, limiting truck speeds on the highway could greatly reduce the number of fatal accidents.

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Thankfully, new legislation aims to do just that. Two U.S. senators recently introduced a bipartisan bill that would cap highway speeds for tractor-trailers at 65 mph. Rather than just setting a self-regulated speed limit, the legislation would require the use of speed-limiting software, which is already a standard feature on most commercial trucks.

Interstate trucking regulations often take years to enact, are inconsistently enforced and can be largely undone by a changing presidential administration. Efforts have been made in the past to electronically limit truck speeds, which is why the infrastructure is already in place. This bill would essentially replace a very similar proposal by the Department of Transportation that has been stuck in the bureaucratic process for over 10 years.

The original DOT proposal was estimated (at the time) to save between 63 and 214 lives each year. The numbers are likely higher today. And because the vast majority of victims killed in truck accidents are occupants of smaller vehicles, this is a bill that would benefit all of us.

There is no one solution to truck accidents or to highway safety in general. But every effort counts, and we should be using any reasonable tool that promises to save lives.

If you or a loved one has been seriously injured or killed in a serious truck accident, you may be entitled to compensation. Please discuss your options with an experienced personal injury attorney.

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tag:www.jlewislaw.com,2019:/blog//84548.37811422019-07-01T14:49:32Z2019-07-01T14:48:32Z
Backyard pools are a staple of many Southern California homes. And while California’s climate allows for swimming all year, summer is an especially attractive time to be in the pool. Sadly, this time of year is also associated with a higher risk of child drownings.

According to the Consumer Product Safety Commission, there were about 363 drowning deaths annually from 2014 through 2016. All victims included in these statistics were under the age of 15, and nearly three in every four victims were under age five.

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The CPSC also notes that June is the month with the highest rate of drownings, which it calls “submersion fatalities.” Approximately 72 percent of these deaths occur in residential areas like backyard pools and spas.

If you own a pool, it is critical to keep it secured by a fence or other barrier that will not allow small children to wander into the area unsupervised. Even if you don’t have small children in your own house, your neighbors might.

As a pool owner (especially if you have children), you will likely be hosting young swimmers in your pool throughout the summer. It is very important to provide adult supervision at all times whenever children are swimming or otherwise in the pool area. It only takes a moment of inattention for a terrible and fatal accident to occur.

What the law says

If you have a pool but don’t have kids, you could still face legal liability if you fail to put up a fence or other barrier. California recognizes a legal doctrine known as “attractive nuisance,” which refers to features or conditions of a property that might draw curious children to them. Unsecured pools definitely qualify as an attractive nuisance.

If your child was injured (or worse) in an unsecured pool or due to lack of supervision while in a pool owner’s care, you may be able to seek compensation in a personal injury or wrongful death lawsuit. Please discuss your rights and legal options with an attorney in your area.

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tag:www.jlewislaw.com,2019:/blog//84548.37799172019-06-27T21:21:46Z2019-06-27T21:20:46Z
According to Edison Research, one in five employees have been the target of sexual harassment in the workplace. Employees today are encouraged to report this behavior in the workplace, but not everyone does. People often fear that the repercussions of reporting the harassment could have a negative impact on their career.

After you have filed a complaint against your employer for sexual harassment, you may be concerned about retaliation. If your employer attempts to punish you in any way, after you filed a complaint, it is considered retaliation. 75% of employees who reported workplace mistreatment faced retaliation.

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You should be aware of the signs of retaliation and understand your rights if it happens.

Retaliation includes

Being fired

Getting demoted

Changed hours or schedule

Receiving a negative evaluation

Reduced pay

Being denied a promotion

Further harassment

Making work more difficult

It is illegal for your employer to retaliate against you for filing a sexual harassment claim.

What to do if you are being retaliated against

If you are retaliated against, you can keep a record of the retaliation and report it to the California Department of Fair Employment and Housing (DFEH) and the U.S. Equal Employment Opportunity Commission. You can talk to others who may have experienced similar retaliation. In addition, you may want to file a lawsuit against your employer.

The most common charge filed against employers is retaliation. Retaliation claims account for 50% of all workplace charges in California. Your employer should have clearly defined policies outlining the steps they will take to prevent sexual harassment and the procedure they follow in case of harassment. Your employer should know how to handle the situation so that you are accommodated without retaliation.

As an employee, you can take legal action against your employer if they retaliated against you. The law is on your side. In recent cases, employers were required to pay large sums of money to employees that had been fired or demoted after they had filed a sexual harassment claim. Upon receiving a DFEH “right to sue” notice, you can file a lawsuit against your employer for workplace retaliation with support from the DFEH.